GENERAL TERMS AND CONDITIONS OF USE OF HUB ONE'S PUBLIC HOTSPOT SERVICE

1. PURPOSE

The purpose of this document is to define the terms and conditions of use of the Public Hotspot Service provided by Hub One.

This service allows Users with a Wi-Fi device (laptop, tablet, smartphone, game console, PDA, etc.), according to the prerequisites for accessing the service, to connect to the Internet wirelessly in areas covered by Hub One's Public Wi-Fi network during its opening hours.

This Service includes all Internet access features.

Depending on the location, free and paid Public Hotspot Service offers are available. These offers are presented on the login portal. These Terms and Conditions of Use shall apply in both cases.

2. DEFINITIONS

"Public Hotspot" or "Hub One Hotspot ": public place covered by Hub One's public Wi-Fi network.

"Hub One's Public Hotspot Service" or "Service": Internet access service using Wi-Fi wireless technology in Hub One Hotspots.

"User”: any person or entity who has subscribed to Hub One's Public Hotspot Service under the conditions set out in these Terms and Conditions of Use.

"Wi-Fi": generally refers to all wireless communication protocols governed by the IEEE 802.11 group of standards

"Access Codes": means, in the case of a paid hotspots, the username and password provided when purchasing prepaid Wi-Fi airtime credit allowing access and authentication to Hub One’s public Wi-Fi network.

3. TERMS AND CONDITIONS OF ACCESS TO THE FREE WI-FI SERVICE

A presentation of the "free Wi-Fi" offer is available on the home page. Access to this offer is provided on-line, after validating these General Terms and Conditions of Use, using a link provided on the portal to access the Hub One Hotspot(s) covered by this offer.

This "free Wi-Fi" service may be limited to a certain period of Wi-Fi use per day per device (device identified by its MAC or Media Access Control address). Restrictions of use and speed may also apply. In accordance with regulation (EU) 2015/2120 of 25 November 2015, Hub One implements traffic management measures for optimising the access of all Users to its Service. In this context, Hub One may apply these measures on its network in the event of the congestion of certain Hub One network components such as a cell (terminal). During this period of congestion, these measures may for example temporarily increase the downloading time of a web page, an e-mail or a document attached to an email, or may have an impact on internet browsing or the quality of a video. At the request of the owner/manager of the sites where the Wi-Fi service is provided, a mechanism can be put in place, allowing for the provision of a certain quality of service for a given application (example: video given priority over e-mail).

4. SERVICE ACCESS PREREQUISITES

In order for the Public Hotspot Service to be fully functional, the User's device must meet the following requirements:

- Compliance with IEEE standards 802.11a, 802.11b, 802.11g, 802.11n and/or 802.11ac
- The browser must be fully accessible by the User, accept cookies, and support javascript.
- The Wi-Fi interfaced used must have the DHCP activated
- No HTTPS proxy should be configured
- No rule preventing surfing on a hub-one.net or netinary.net URL
- No VPN should be installed prior to authentication on the portal

The service will be disconnected if the User terminal is not connected to a Wi-Fi access point. If this occurs, the user should re-establish the Wi-Fi connection or call via the terrestrial mobile network. Emergency service calls and SMS use the terrestrial mobile network. If the terrestrial mobile network signal is unavailable, the emergency services will not be able to locate the User.

5. COMMITMENTS OF THE USER

5.1. Mandatory information

To subscribe to the Service online, the User agrees to accurately provide the information requested on the login portal to Hub One and is solely responsible for the validity of the information provided.

Hub One will not be held liable for any consequences suffered by the User and / or third parties resulting from the User providing false information or omitting to notify any change to Hub One.

5.2. Specific obligations relating to the Internet

5.2.1. Regarding Internet use, the User is informed that the Internet is a network carrying data that may be protected by intellectual property rights or that breaches legal provisions in force.
Therefore, the User will not share or upload to the Internet any data that is prohibited, unlawful, illegal, contrary to morality or public order that infringes or is likely to infringe the rights of third parties, including intellectual property rights. Some internet pages, particularly those publishing pornographic content may be blocked at the request of the competent authority or, where appropriate, at the request of the owner/manager of the sites where the Wi-Fi service is provided, if the latter deems that such content is not suited to its activity.

5.2.2. Users are expressly reminded that the Internet is not a secure network. Under these conditions, it is the User's responsibility to take all appropriate measures to protect their own data and/or software against contamination by viruses circulating on the Internet or the intrusion of a third party into their terminal's system (laptop, mobile, or personal assistant) for any purpose whatsoever, and to perform backups prior to and after the Service is established on their laptop or personal assistant.

5.2.3. The User also acknowledges that they are fully informed of the lack of reliability of the Internet, particularly in terms of the lack of security in data transmission and the guarantee of performance on the volume and speed of data transmission. The User acknowledges having been informed that the integrity, authentication, and confidentiality of information, files, and data of any kind that they wish to exchange on the Internet cannot be guaranteed on the network. The User should therefore not transmit any messages of which they wish the confidentiality to be infallibly guaranteed via the Internet.

5.2.4. The User will refrain from any improper or excessive misuse of the Service, such as the voluntary or involuntary congestion of Hub One's email servers or network and/ or unsolicited commercial emailing (spam, bulk e-mail, junk e-mail, or mail bombing) or sending attractive messages that will necessarily generate an impressive number of responses (teasing or trolling) which could disrupt the availability of such servers or network and they assume full liability for such use of the Service.

5.2.5. With regard to products or services on the Internet, the User should send any complaints regarding service provision or the products sold directly to the service providers.

5.2.6. Hub One also warns the User about the nature and diversity of content available on the Internet which could be harmful to minors.

5.3. Legal obligation of the User against piracy

5.3.1. In accordance with Article 5 of Law No. 2009-669 of 12 June 2009 promoting the distribution and protection of creative works on the Internet, the User is informed of the provisions of Article L.336-3 of the French Intellectual Property (hereinafter "IPC"): "A person who has subscribed to internet access to online public communication services is under a duty to ensure that said access is not used for reproducing, showing, making available or communicating to the public works or property protected by copyright or a related right without the authorisation of the copyright holders provided for in Books I and II when such authorisation is required. Failure by the access holder to comply with the duty set out in paragraph one hereof shall not result in the incurring of criminal liability by said access holder"

5.3.2. The User is informed that the High Authority of Diffusion on the Art Works and Protection of Rights on the Internet (HADOPI) could take the following actions:
- When informed of events that could constitute a breach of the obligation defined in Article L.336-3 of the French IPC, the HADOPI could send a recommendation to the User via Hub One, reminding them of their obligation under Article L.336-3 mentioned above, ordering them to comply, and including all relevant information regarding the fight against piracy and any security resources that might exist, under its seal and on its behalf. In particular, it would include the date and time of the event and contact details for the User to contact the HADOPI.
- If the event is renewed within six months from the date of sending the recommendation referred to above, the HADOPI may send the User another recommendation containing the same information as before under the same conditions as described above by email. The HADOPI may also send a letter delivered against signature or other suitable means to establish proof of the date this second recommendation was sent

5.3.3. In addition, the User is informed that a breach of copyright and neighbouring rights within the meaning of the French IPC by the User is an offence punishable by criminal penalties provided for in Articles L.335-2, L.335-3, L.335-4, L.335-5, L.335-6 and L.335-7 of the French IPC. In addition, the User could incur civil penalties for damages suffered by rights holders.

6. COMMITMENTS OF HUB ONE

6.1 - Hub One implements all the means at its disposal to ensure a high availability of service. However, it cannot guarantee operation without interruptions or disturbances of access to the Service or determined transmission times and capacities. Hub One reserves the right to perform maintenance that could interrupt the operation of its public Wi-Fi network, at any time.

6.2 - Hub One is not responsible for the content accessible on the Internet and any damages that might result from its use unless such damage was intentionally caused by Hub One.
Given the secrecy of private correspondence, Hub One has no control over the content or characteristics of the data received or sent by the User on its network and/or the Internet. However, to ensure the proper management of the Internet access system, Hub One reserves the right to delete any message or prevent any operation of the User that could interfere with the proper operation of its network or the Internet or which does not comply with operating rules and codes of ethics and professional conduct. Exceptions to this rule of confidentiality may be made within the limits authorised by law, at the request of public and/or legal authorities.

6.3 - Hub One will not be held responsible for the use of data and information introduced or retrieved from the Internet by the User. Hub One may not be held liable for any consequences of any improper or excessive misuse of the Service by one or more Users, such as the voluntary or involuntary congestion of Hub One's email servers or network and/ or unsolicited commercial emailing (spam, bulk e-mail, junk e-mail, or mail bombing) or sending attractive messages that will necessarily generate an impressive number of responses (teasing or trolling) which could disrupt the availability of such servers or network.

6.4 - Hub One may not be held liable:
- in case of non-compatibility of WLAN IEEE 802.11a/b/g/n/ac network adapters with Hub One's Consumer Wi-Fi (especially in relation to a laptop or card setting that is different from those implemented on Hub One's public Wi-Fi network)
- in case of non-availability of all or part of the technologies mentioned above in a given area
- in case of refusal of cookies which are required to use the service by the customer's browser
- in case of misuse of the Service by the User
- in case of incorrect installation and/or misconfiguration and/or malfunction of the User's laptop, personal assistant, and/or WLAN IEEE 802.11a/b/g/n/ac network card
- in case of non-compliance of the User with its obligations - in case of use that does not comply with the Service's instructions for use
- in case of inability to access a company's private virtual network by the Internet
- in case of disturbances and/or total or partial unavailability and/or interruption of all or part of the services provided on the networks operated by third party operators - in case of an event of force majeure as defined in the jurisprudence of the Court of Cassation

7. USER LIABILITY

The User is solely liable for any direct or indirect, material or consequential damages caused to Hub One and/or third parties resulting from their use of Hub One's Public Hotspot Service.

8. HUB ONE LIABILITY

Hub One has a duty to take a reasonable care of its obligations under these Terms and Conditions of Use. It is expressly agreed that in cases where Hub One could be held liable under these Terms and Conditions of Use, the User may only claim compensation for any direct and immediate injury caused within the limits of the amount billed by Hub One to the User for the order concerned.

Hub One is not responsible for protecting the data contained in the User’s terminal. Hub One may not under any circumstances be held liable for any damages that the User may suffer due to the use of the data contained in his/her terminal by another person, whether or not the User had knowledge of such use.

9. SECURITY

In principle, communications made through the Service have the same level of security as standard Internet communications. Complete protection against intrusions or eavesdropping cannot be guaranteed. Hub One disclaims all liability for such events.

If they wish to strengthen the security level, the User may install security software, such as firewalls or VPNs (Virtual Private Networks), themselves. With respect to third party software, Hub One may not be held liable for the operation of such security software.

Access to company data (Intranet, Office applications...) generally requires the installation of appropriate security software on the mobile device (laptop, PDA...) and on the corporate server. As this software is provided by a third party, Hub One disclaims all responsibility for its proper operation.

10. USER SUPPORT

In some hotspots, Hub One provides a 24/7 helpline service for User for assistance in all issues related to Service access and use. The hotline is available in France on the following number: 0805 46 94 34 (free except for any operator charges).

Other users who are not Hub One customers and who are accessing the service under a technical interoperability agreement should contact the helpline of the operator to which they have subscribed.

11. PERSONAL DATA

Hub One processes the following data categories:
- identification data: surname, first name, username, etc.
- personal characteristics: date of birth etc.
- contact data: email, etc.
- economic and financial data: payment methods, payment history, etc.
- connection data, service use and interaction data: connection logs, usage logs and intervention reports, etc.
- location data.

This data is required for provision of the Service. If the User opts not to provide their personal data, Hub One will not be able to provide the Service.
This data is also communicated to partner organisations for the compilation of marketing statistics (customer service improvements, satisfaction surveys, etc.), except where the User expressly objects, or for the purposes of marketing communications (sending of marketing solicitations by partner organisations) and in this case, Hub One endeavours to obtain the consent of Users. If consent is not obtained, such data is made anonymous before being communicated.

In accordance with the legal and regulatory provisions in force, in particular Article L34-1 of the French Post and Electronic Communications Code, Hub One has an obligation to collect and store certain electronic communication data for a period of one year solely to ensure the proper performance of the Service. To this end, Hub One may be required to disclose such data for the investigation, establishment and prosecution of criminal offences, for the prevention of any activity of a terrorist nature, for Service billing and payment of the Service, and for network and facility security.

The personal data relating to the Users is kept for the duration necessary for the provision of the Service and the management of the business relationship with the latter, then archived for the retention periods stipulated by law.

The Users’ data used for the purposes of commercial prospecting is kept for a period of 3 years as from the end of the business relationship (for example, as from the end of the use of the Service or the last contact emanating from the customer User).

The User undertakes to ensure that the data sent is constantly kept complete, accurate and up-to-date. Unless it has been informed thereof, Hub One is not required to update this data following the use of the terminal by a third party (for example, following a disposal or loss of the terminal).
Hub One undertakes to (i) only process the Users’ personal data for the processing purposes set forth herein: (ii) ensure the confidentiality of the personal data processed within the framework of the Service: (iii) ensure that all persons authorised to process the personal data maintain the confidentiality of the data or are subject to an appropriate legal confidentiality obligation and receive the required training on the protection of personal data; (iv) take into account, as far as possible, as regards its tools, products, applications or services, the principles of data protection by default.

The users are informed that Hub One is authorised to use the service of a sub-contractor located outside of the European Union within the framework of the provision of the Service and which may, under adequate security and confidentiality conditions, access the Users’ data with a view to ensuring the quality of the Service. This transfer is regulated by model contractual clauses according to the model approved by the European Commission. The sub-contractors’ data as well as the model contractual clauses shall be sent to the User upon written request. In all other cases, Hub One may not transfer personal data without the User’s agreement to other sub-contractors located in a third country that does not offer an adequate level of protection. In this case, the User is informed and accepts that the transfer is regulated by model contractual clauses according to the model approved in the European Union or any other lawfully accepted solution in order to ensure an appropriate protection level within the meaning of the data protection regulation. .

Any User may request a copy of the personal data regarding them from Hub One and may modify or delete it as appropriate, in accordance with the French Data Protection Act no. 78-17 of 6 January 1978, as well as regulation (EU) 2016/679 of 27 April 2016 (GDPR), except where this personal data is kept for the time required to allow Hub One to meet its legal obligations. This right of access, rectification, or deletion may be exercised by letter to the DPD of Hub One, sent to the following address : DPD@Hubone.fr

12. SUBSCRIPTION TO THE PAID SERVICE

According to Hub One's Hotspots, a paid service could be proposed, as described below.

Subscription to this offer may be made on Hub One Hotspot access portals using a credit card or by electronic payment. In this case, it is specified that the User will be provided with a secure bank transaction system which complies with legal requirements. The different means are specified on Hotspot access portals. The offer may also be purchased at some authorised resellers, the list of which is provided on the access portal, if necessary.

Connection to and authentication on Hub One's Hotspot portal by the User are essential steps in all cases.

Once these steps are completed, Hub One will offer the User wireless access to Internet in the areas covered by Hub One's public WiFi network. Additional services described on the Service access portal may be provided to the User as part of the Service.

The subscribed Services may be used immediately after confirmation of purchase within a maximum period of twelve (12) months from the date of the confirmation.

12.1. Conditions du service payant

12.1.1. The subscribed Service may allow the connection of one or more terminals for a specified period time for simultaneous use or not (depending on the offers described on the access portal). Unless otherwise stated, the offer only allows you to connect with one device (identified by its MAC address).

12.1.2. With effect from the User connecting to the public Wi-Fi network, the entire prepaid credit will be used regardless of any disconnection of the User's Terminal or event interrupting connection. The User expressly acknowledges that no event of any kind may be deemed, unless otherwise specified by Hub One, to suspend or discontinue the use of the prepaid credit.

Once the User has entered their Access Codes on the homepage of the portal to the Public Hotspot they are covered by, every minute of wireless communication begun is debited from the time credit purchased by the User. To determine the available credit to use the Service, only the reading off Hub One's timing system will be valid.

To determine the available time left, only the reading off Hub One's timing system will be valid.

12.2. Access Codes

12.2.1. Access Codes allowing the User to authenticate themselves on Hub One Hotspot access portals are personal and confidential. In the case of an on-line purchase on the Hub One Hotspot access portals, Access Codes will be immediately provided to the User online and e-mailed to the address provided by the User on the online order form.

In the case of the purchase of a prepaid card, the Access Codes are provided with the User's card. In the case of the purchase of a dematerialised card on Partner Sites, Access Codes will be provided on the ticket generated by the electronic payment terminal distributing the card.

The Customer will keep secret the Access Codes allocated and will not disclose them in any form whatsoever.

Through the use of their Access Codes, the customer is provided with personalised and exclusive access to Hub One's Public Hotspot Service. Any connection to the Service using the User's Access Codes will be deemed to have been made by the User themselves under their own responsibility.

12.2.2. In case of loss or theft or, more generally, misappropriation of Access Codes by third parties, the User should immediately notify Hub One's Wi-Fi Sales Department using the following email address wifisales@hubone.fr to allow them to cancel the Access Codes.

12.3. Price - terms of payment

The price of paid Wi-Fi Services is that in effect on the date of purchase. They are inclusive of all taxes.

If the User (legal person only) wishes to be provided with special services, Hub One will provide its prices on request.

13. Term - change in the general terms and conditions of use

The contract is entered into following the User's authentication on Hub One's Hotspot portal for a terms corresponding to the prepaid Wi-Fi airtime acquired by the User (or, where applicable, the free Wi-Fi minutes offered by Hub One under a "free Wi-Fi" offer), under the conditions defined in this document.

Hub One reserves the right to modify the Service and adapt these Terms and Conditions of Use. Only the latest versions of the Terms and Conditions of Use apply in the context of the relationship with the User. It is recommended that the User periodically visits the website or Hub One Hotspot access portal(s) on which the provisions in force are presented.

14. WI-FI SALES DEPARTMENT

Hub One also provides Users of its Service with an email address to send all sales-related queries : wifisales@hubone.fr

Any complaint or dispute about an invoice must be made to the Wi-Fi Sales Department. Under the French Post and Electronic Communications Code, the limitation period for claims is one year.

15. RIGHT OF WITHDRAWAL

Under the respective terms of Articles L.114-1 and L.121-20-12 of the French Consumer Code, the User (individual) has a period of seven working days in the case of a purchase of a prepaid card from a distributor authorised by Hub One or fourteen calendar days in the case of remote subscription of one or more prepaid Wi-Fi airtime credit from purchase to withdraw and
- in the case of remote subscription, request an exchange or reimbursement, without penalty, from Hub One. To do this, the User must send an email to wifisales@hubone.fr. However, a User who uses the Service before expiry of the fourteen calendar days will be deemed to have waived their right of withdrawal. Similarly, Hub One reserves the right to not refund the User if it finds that the Service was used on Hub One's public Wi-Fi network, at the end of the period of fourteen calendar days.
- where the Service was purchased from a distributor, request an exchange or reimbursement, without penalty, from Hub One. To do this, the User must send an email to wifisales@hubone.fr. However, a User who uses the Service before expiry of the seven working days will be deemed to have waived their right of withdrawal. Similarly, Hub One reserves the right to not refund the User if it finds that the Service was used on Hub One's public Wi-Fi network, at the end of the period of seven working days. With regard to the period of seven working days, when the last day of that period is a Saturday, Sunday or public holiday, it will be extended to the following working day.

16. SUSPENSION/TERMINATION

Hub One reserves the right to suspend access to the Service and to terminate the contract with immediate effect and without compensation in the event of failure by the User of any of its obligations and, in particular, for acts of piracy or attempted unlawful use or transmission of information available on the network resulting from or originating from the User's Wi-Fi connection, including if Hub One finds concurrent connections on the same ID. Hub One reserves the right to demand damages.

17. APPLICABLE LAW AND ELECTION OF JURISDICTION

These Terms and Conditions of Use are governed by French law.

Hub One and the User shall seek to settle any dispute that may arise between them regarding the interpretation or performance of this agreement. After efforts to reach an amicable settlement have failed, the User has the right to refer to the electronic communications ombudsman by completing the on-line form made available on the ombudsman’s website (www.mediateurtelecom.fr) or provided by the Wi-Fi Sales Department on simple request.

IF THE USER IS A MERCHANT, ANY DISPUTE REGARDING THESE TERMS AND CONDITIONS OF USE IS SUBJECT TO THE PARIS COMMERCIAL COURT
THIS PROVISION DOES NOT APPLY FOR ANY DISPUTE WITH A CONSUMER TO WHICH THE LAWS GOVERNING JURISDICTION APPLY.

Hub One SA au capital social de 41 136 840 euros • RCS Bobigny 437 947 666 • TVA FR 29 437 947 666 - Mai 2019